Anaheim Hit-and-Run Leaves Bicyclist Critically Injured

Last night, just before midnight, a teenage bicyclist was struck on Harbor Boulevard and critically injured by a driver who fled the scene.  According to KABC News, the accident happened in the 900 block of Harbor near the intersection with La Palma Avenue.    The teen, identified only as a boy between 16 and 18 years old, was found face down in the street by a Good Samaritan, Angelina Lucero.  The boy remains in critical condition at UCI Medical Center in Orange.   No suspect and no vehicle have yet been identified in this hit-and-run crime, and anyone with information should immediately contact the Anaheim Police Department at (714) 765-1900.

Liability For This Accident

Regardless of how this accident happened, there is no excuse for a driver to critically injure someone (especially a young boy alone) and then leave the scene.  Typically, such actions reflect consciousness of guilt, and it can be fairly assumed the driver realized they had done something wrong.  The area where the accident happened is right by a school (Horace Mann Elementary) and a number of residences.  Anyone driving through that area should be well aware of the fact that pedestrians and bicyclists are often nearby and sometimes crossing the street.  As for lighting, since the accident happened at night, there are a number of street lights near the accident scene, which should have assisted the driver in seeing the victim prior to the impact.

Anaheim Accident History

The City of Anaheim ranks fairly high in terms of the number of accidents it has had in the past, according to the California Office of Traffic Safety.  In fact, as far as total injury and fatal accidents, Anaheim ranks fourth out of the thirteen cities measured with a population of more than 250,000 people.  In other words, only three cities were more dangerous in terms of the number of injury or fatal accidents.  Somewhat surprisingly, the city was much better statistically in terms of bicycle accidents than it was in most other accident categories measured.

    

If you or a loved one have been injured in a bicycle accident, contacting an Orange County auto accident attorney is likely the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Teen bicyclist hospitalized after Anaheim hit-and-run; driver sought, KABC News, June 13, 2013, by Darsha Philips

Head-On Collision On Laguna Canyon Proves Fatal

A head-on collision in Orange County resulted in the deaths of two people early Tuesday morning.  According to KTLA news, the accident happened in Laguna Beach on Laguna Canyon Road at about 6:40 a.m.  The driver of a Tesla, Dr. Robert M. Pettis, apparently veered into oncoming traffic and hit a Honda Accord head on.  Pettis suffered only minor injuries, but both occupants of the Honda were killed.  According to the news report, there was some sort of an incident between Pettis and the driver of a Mercedes Benz which may have led to Pettis crossing the roadway into opposing traffic.

Assessing Liability Will Likely Be Challenging

Whenever a "mystery" vehicle is alleged to have caused an accident, there will be skeptics.  In the case above, the police have asked the driver of the Mercedes to turn himself in so that he can explain his version of the incident.  Absent that driver identifying himself or being found in some other fashion (such as through the use of video taken in the area), there will have to be strong physical evidence to corroborate Pettis' story of how the accident happened.  For example, if it is the doctor's  claim that the Mercedes made contact with the Tesla, forcing the Tesla into oncoming traffic, then there should be physical evidence such as a paint transfer mark or other evidence of an impact that cannot be explained from the collision with the Honda.  From the news report, it appears this accident happened in or near a curve, and the last thing a driver would want to do in that area is cross into the opposing lane since oncoming traffic may not be easily seen.

Joint and Several Liability

Even assuming Pettis can establish there was indeed another vehicle involved, he may still face liability if the whole incident arose from some sort of mutual road rage/race incident.  If the negligence of two people combine (in a "concert of action") to cause an accident, and it is not clear which one is mostly at fault, both are equally responsible for the innocent victim's injuries and damages.  The concert of action theory of tort liability has been applied in the "drag race" and like cases, although it is generally referred to as the rule of theSummers vs. Tice decision by the California Supreme Court.  Subsequent cases have held that inciting and encouraging one another to drive at a fast and reckless rate of speed is sufficient to support joint and several liability of both drivers, including the defendant whose car did not strike the injured party.

If you or a family member has been injured or killed in a multi-vehicle accident like the one above, a personal injury attorney with more than two decades of experience may be able to help recover the deserved compensation.  Complex accidents with reconstruction and forensic issues are best left in the hands of auto accident lawyers who deal with such cases routinely.

SOURCE:  2 Killed in Head-On Crash in Laguna Beach, KTLA News, April 3, 2013, by Kellan Connor

Multi-Vehicle Crash in Lake Mathews Leaves One Dead

In a head-on collision early Sunday morning, an elderly driver was killed and four people were injured.  According to the article in the Press Enterprise, 69-year-old Juan Velazquez was driving a Toyota Yaris when he crossed over the center line on Cajalco Road, just east of Gavilan Road in Lake Mathews.  The Yaris struck a Chevy Silverado being driven by Refugio Garcia of San Jacinto, who suffered major injuries.  Another passenger in the Silverado, Blanca Garcia, sustained minor injuries, but two children in the car were badly hurt.  A boy in the Yaris reportedly sustained minor injuries.

The Scene of the Accident and Driver Fatigue

The area of the accident on Cajalco Road is generally rural and has fairly profound curves.  It is possible that Velazquez drifted over the center line in a turn because of inattention or some other factor.  Given the timing of the accident, at approximately 3:30 a.m., fatigue or driver distraction may well have played a role.  According to the U.S. Department of Transportation, driving between the hours of 12:00 a.m. and 6:00 a.m. heightens the risk of an accident due to driver fatigue.

Apportionment of Insurance

As with most multi-party accidents, apportionment of the insurance policy of the responsible driver will likely be an issue requiring careful attention.  Assuming Mr. Velazquez is determined to be at fault, his insurance policy would be the primary policy to be divided among all injured parties.  If those in the Garcia vehicle were covered by a policy with uninsured/underinsured motorist provisions, with a higher limit than the Velazquez policy, then that policy would be secondary.  Coverage would then be available up to the total of the UM/UIM limits of the Garcia insurance policy.

Multi-party automobile accidents like the one above often involve complicated issues of fault, apportionment and insurance law.  A seasoned auto accident attorney can ensure maximum compensation is recovered for the injuries you or a family member sustain.

SOURCE: LAKE MATHEWS:  1 dead, four hurt in head-on wreck, Press Enterprise, March 4, 2013, by Brian Rokos

Pedestrian Killed in Moreno Valley - Driver Arrested

According to a report in the Press Enterprise, A 20-year-old pedestrian in Moreno Valley was killed Tuesday night by the driver of an SUV who was arrested on suspicion of driving under the influence.  The victim, Edward Pattio, Jr., sustained major head trauma and was taken emergently to Riverside County Regional Medical Center, where he died about two hours later.  The driver of the SUV was apparently uninjured.

  

The Moreno Valley Accident Scene

The intersection where the accident occurred is in what would best be described as a residential area.  There are a number of homes and apartment complexes near the collision scene, and the area appears to have a number of streetlights that would presumably illuminate any pedestrian crossing the street.  It is unknown precisely how the accident unfolded, but it would seem the possible intoxication of the driver is perhaps the leading causative factor.  In a relative sense, the City of Moreno Valley is reasonably safe when it comes to pedestrian accidents, at least according to the California Office of Traffic Safety and the statistics compiled in 2010.

California Law Relative to Pedestrian Accidents

While the old adage, "the pedestrian always has the right of way", is not quite accurate, California law does go some distance to protect pedestrians, even those crossing the street outside of a marked crosswalk.  Even though the Vehicle Code requires pedestrians crossing a street between intersections to "yield the right of way", a driver is relieved from their duty of exercising due care, which would be breached if the motorist fails to see the pedestrian when an ordinarily prudent person exercising due care would have seen him.

If you or a family member are injured, or worse, while crossing the street, an Orange County car accident attorney with more than 21 years of experience can be of help.  A personal injury lawyer handling these cases for their entire career will understand the accident reconstruction issues, the law and compensation factors necessary to ensure a fair recovery.

SOURCE:  MORENO VALLEY: San Bernardino man killed by SUV, January 9, 2013, by John Asbury

Riverside Accident Takes Two Lives Near Bus Stop

A driver reportedly lost control of his car and struck pedestrians at a Riverside bus stop, killing two and seriously injuring two others, according to NBC news.  The accident happened this afternoon at about 1:00 p.m. on Magnolia Avenue fairly near its intersection with Tyler Street, not too far from the Galleria at Tyler mall.  According to news reports, the two fatalities involved a woman in her 20s and a little girl, 2 to 3 years old.  A second woman and and a man were hospitalized in critical condition with injuries to their lower extremeties.  The driver of the Kia Optima involved in the accident, a 50-year-old male, was not injured.  He was taken to the Riverside Police station for questioning.

Cause of This Tragedy

While the precise cause of this accident has not yet been reported, it does not appear to have been related to any serious medical condition on the part of the driver, who was reportedly taken to the police station after the collision without first receiving any medical treatment.  Had this tragedy been related to a heart attack or seizure, you might expect the driver to have been taken to the hospital along with the injured pedestrians.  The driver's age, 50, would not seem to explain the accident, as it might be with an elderly driver who confuses the accelerator and brake.  As of this moment, distracted or impaired driving cannot yet be ruled out as a potential cause.  One thing is certain, however, the pedestrians waiting at or near the bus stop were not to blame.  In all likelihood, from a purely civil liability assessment, the driver will be found solely at fault for this horrific accident, and the injuries and damages will be his responsibility.

Riverside Automobile Accidents

With regard to the 13 cities in California with a population over 250,000, Riverside actually ranks near the bottom in terms of the number of automobile accidents resulting in injury or death.  According to the California Office of Traffic Safety, Riverside ranked 13th in pedestrian accidents in 2010.  Only a total of 67 pedestrian accidents, involving death or injury, were reported in all of 2010.  In light of this, the accident above might appear even more difficult to understand.  Riverside is apparently a relatively safe community in this context, making the determination of the precise cause of the collision all the more important.  Certainly the families of the victims will want and they very much deserve answers.  While nothing can ever undo the harm and the loss suffered, determining the cause of the accident can at least bring some closure.

When evaluating the cause of an accident and the injuries and/or death resulting, a personal injury attorney will need to gather essentially the same evidence as the investigating police agency.  Fortunately, the initial work done by the police can aid in making a liability determination or at least provide the foundation for a thorough reconstructive analysis.  In the case above, because death and serious injuries are involved, the investigation by law enforcement will likely be quite thorough, but it is not uncommon for a civil litigator to discover additional (sometimes contradictory) facts painting an even more complete picture.  

SOURCE:  Car Crashes Into Riverside Bus Stop, Killing Two, NBC Southern California, by Melissa Pamer and Nyree Arabian, December 28, 2012

Guilty Plea In Fatal DUI Crash In Perris

A 53-year-old woman pled guilty to vehicular manslaughter charges earlier today in connection with a fatal DUI collision on December 7th.  According to the Press Enterprise, the Defendant, Theresa Jean Estes, may face up to 10 years in prison for the crash that took the life of an 18-year-old girl, Ashleigh Brooks of Lake Elsinore.  The incident occurred when Estes pulled out in front of Brooks on Highway 74 Spring Street, near the City of Perris.  The cars collided and then Brooks' Honda was involved in a secondary collision with a truck.   Brooks had been headed home for a birthday dinner at the time of this tragic crash.

DUI Crashes Occur With Alarming Frequency

According to the story above, the drunk driver was apparently on probation for a prior DUI conviction at the time of the December 7th collision.  If that were not enough, her own family lost one of its members - her father - in an alcohol related accident.  In spite of all this, Estes got behind the wheel of her car drunk and took the life of a teenaged girl.  The prevalence of accidents caused by impaired drivers is difficult to understand when so much information is available to the general public about the enormous suffering such behavior can cause.  The Centers for Disease Control and Prevention has reported that in 2010 more than 10,000 people were killed in alcohol-impaired driving crashes.  That number represents nearly one-third (31%) of all traffic-related deaths in the United States.  Not too surprisingly, as as demonstrated by the case above, drivers with a blood alcohol content (BAC) of 0.08% or higher involved in fatal crashes were four times more likely to have a prior conviction for DUI than were drivers with no alcohol in their system. 

Civil and Criminal Responsibility

In every DUI crash involving injury to an innocent victim, the impaired driver owes a debt to society as a whole (theoretically paid via a criminal conviction) and to the particular victim and their family by way of a personal injury or wrongful death claim.  Issues of liability against the alleged DUI driver are typically straight forward, but the claims can be mired because of comparative negligence on the part of the victim and complex issues of damage assessment.  A personal injury attorney with a long history of handling these cases can be of valuable assistance in taking the necessary steps to protect your rights and ensure optimal compensation.  Contacting an Orange County auto accident attorney is often the first step toward obtaining civil justice.

SOURCE:  PERRIS: Woman pleads guilty in DUI crash that killed teen, Press Enterprise, December 12, 2012,  Sarah Burge

The Killed in Long Beach Collision

According to KTLA news and the Belmont Shore-Naples Dispatch, two men were instantly killed and a third died in the hospital as a result of a traffic collision in Long Beach Saturday night.  The first two victims, Mark Martineau, 36, and Richard McAleavey, 54, were declared at the scene of the accident in the 2900 block of Redondo Avenue.  Reportedly, Martineau lost control of his  Dodge Ram when trying to change lanes, causing the vehicle to careen over a sidewalk and into a pylon beneath the 405 Freeway.  Another passenger, 36-year-old Terrence Harris, was badly injured and succumbed to his injuries on Sunday afternoon.  The crash is under investigation, but the driver may have been speeding and lost control in wet weather.  The Long Beach Police Department would like witnesses to call them at (562) 570-7355.

LONG BEACH TRAFFIC ACCIDENTS

According to the California Office of Traffic Safety, the City of Long Beach ranks 10th/9th out of the 13 cities in Los Angeles County with a population of more than 250,000 residents, in terms of injury and fatal accidents.  In 2010, there were 1,874 injury or fatal accidents in Long Beach.  Of those accidents, 254 were reportedly speed related, as may have been the case in the accident above.  From a quick review of the scene via Google Maps, there does not appear to be anything unusual or dangerous about this particular area of Redondo Avenue.  To the contrary, the roadway appears flat and straight with virtually no obstacles of any kind.  Absent other information to the contrary, this tragic, triple-fatality accident would appear to be the result of driver negligence.

WRONGFUL DEATH RECOVERY

The families of McAleavey and Harris would appear to have the right to pursue claims for wrongful death against the insurance carrier for Martineau and/or his estate.  Under California law, surviving family members (typically the spouse and children) have the right to pursue claims for the loss of the society, care, comfort, affection, love and support their loved one would otherwise have provided.  Claims such as this are generally unlimited in terms of the amount the family can recover, except in the context of a medical malpractice case.  What does impact the recoverable compensation are factors such as the amount the deceased provided in the way of financial support and the closeness of the relationship with the family left behind.

An experienced Orange County personal injury attorney is perhaps in the best position to assess the above factors and the best approach to a wrongful death claim.  

Elderly Driver Crashes Through Canoga Park Store

According to KTLA news, a 72-year-old woman crashed her car through the service doors at a Target Store in Canoga Park.  The accident happened Friday evening at the store located at the Westfield Topanga Mall.  Two people inside the store were injured, one of them critically.  

The driver apparently failed to negotiate a turn down a driveway and never applied her brakes before crashing through the store and traveling more than 50 feet.  According to news reports, a 29-year-old woman suffered serious head trauma and was listed in critical condition.  A 56-year-old male victim sustained a hip injury and he too was taken to the hospital along with the elderly driver.

Elderly Drivers and Accidents

According to the Centers for Disease Control and Prevention, the risk of being injured or killed behind the wheel increases as we age.  For example, in 2008, more than 5,500 older adults were killed in motor vehicle crashes and more than 183,000 were injured.  This amounts to 15 older adults killed and 500 injured in crashes on average every day.  According to studies cited by the CDC, per mile traveled, fatal crash rates increase starting at age 75 and increase notably after age 80.  This is largely due to increased susceptibility to injury and medical complications among older drivers rather than an increased tendency to get into crashes.

Safety Measures Can Be Taken

For elderly drivers, age 65 and older, there are steps that can be taken to better ensure safe travel behind the wheel.  Some of the accident prevention measures include: asking your doctor about current medications and their impact on driving, having your eyesight checked, planning your route well in advance, avoiding distractions in the vehicle and leaving a large distance between you and the car ahead.  Beyond this, if there are concerns about one's ability to drive, alternative modes of transportation should likely be considered.  As the accident above demonstrates, it is always better to take preventative steps before there is a tragedy that will affect the victims and their families for a very long time, if not forever.

When An Elderly Driver Accident Does Occur

Unfortunately, motor vehicle accidents involving elderly drivers are not uncommon and injuries resulting from those collisions can be devastating.  Because compensation for injuries and damages are contingent upon and often limited by legal issues, it is always best to seek the advice of an experienced Orange County auto accident attorney after a collision.  It is most important to determine what rights you may have to compensation in order to protect your future and that of your family.

SOURCE:  KTLA NEWS, "Elderly Driver Slams into Canoga Park Target Store", October 28, 2012 

Elderly Driver Strikes 11 On LA Sidewalk

This afternoon a 100-year-old man in Los Angeles backed his car on to a sidewalk and struck eleven people, including nine children.  The incident happened across from an elementary school shortly after classes had ended.  While reports vary, it would appear four of the children were initially in critical condition, with only one remaining so tonight.  Some of the victims were briefly trapped under the vehicle that had been driven by Preston Cart, who was described as cooperative.  While at the scene and shortly afterward, Carter told investigators that his brakes failed.

See the Fox News story and photographs HERE.

An accident like the one above will undoubtedly stir the debate regarding elderly drivers.  Under California law, drivers over the age of 70 must renew their driver's license in person, rather than via the Internet or by mail.  Elderly drivers may also be required to take a supplemental driving test if they fail a vision exam, or if a police officer, a physician, or a family member raises questions about their ability to operate a vehicle.  While we do not yet know the result of the police investigation, and whether a brake failure actually did contribute to the accident, the scenario above is strikingly familiar to others involving elderly drivers.  It is not uncommon for an older driver to mistake the gas for the brake pedal and then conclude the brakes "failed" because their vehicle did not stop.  A tragic accident like this, especially one involving children, is all the more heart wrenching if it could have been avoided.

Compensation for the victims of automobile accidents involving impaired drivers should be an important concern for everyone.  When a careless or compromised driver strikes a pedestrian, causing a tragic accident like the one above, he or she should be held accountable.  An Orange County lawyer with experience at handling pedestrian accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling traffic accident cases, including those caused by elderly drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a traffic accident caused by an elderly or otherwise impaired driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Rescue Doctrine and The Valley Village Electrocutions

Last Wednesday, a solo traffic accident involving a 19-year-old driver in Valley Village resulted in the tragic deaths of two women who had come to the driver's aid.  According to news reports, the driver of a white SUV, traveling at perhaps an excessive speed, lost control of his vehicle and crashed into a fire hydrant and light pole, knocking it to the ground.  The wire from the pole apparently electrified the pooling water around the accident scene, unbeknownst to a number of rescuers and bystanders.  When two women, Stacey Schreiber (39) and Irma Zamora (40) approached the SUV and stepped into the water, they were electrocuted and dropped to the ground instantly.  A number of other bystanders were injured by the electricity when they approached.  Schreiber and Zamora were eventually removed from the water by firefighters, and sadly both died shortly after being transported to a local hospital.

See the KTLA/Los Angeles Times news story HERE.

The precise cause of the crash has yet to be determined, but preliminary reports suggest excessive speed on the part of the SUV driver was at least a contributing factor.  This incredibly tragic story not only evokes sympathy for the victims and their families, it raises important legal questions.  Perhaps one of the most interesting questions is one of liability.  Should the driver of the white SUV be liable for the two deaths and the injuries sustained by rescuers if it is shown he was negligent in causing the accident?  Under California law, there is little doubt a firefighter or police officer would be precluded from recovery against the driver since they assume the risk of such injury by virtue of their jobs.  However, private rescuers (such as Schreiber and Zamora) and their families may recover if it can be shown they did not act rashly or recklessly during their rescue efforts.  Here, the electrified water was a danger not readily apparent to bystanders as evidenced by the number of people who were electrocuted so it would seem none of the rescuers (particularly Schreiber and Zamora) acted in a rash or reckless manner in trying to come to the aid of the SUV driver.  It appears the rescue doctrine would permit a recovery under these circumstances.

Compensation for rescuers and their families should be an important concern for all Californians.  When a private person comes to the aid of a negligent driver and is injured or killed as a result, the one who carelessly caused the accident should be held accountable.  An Orange County injury lawyer with experience at handling traffic collision and rescue cases can make a fair assessment of these claims. Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those raising legal issues like the one above.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured or killed while rescuing someone following an avoidable accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case

Three Fatalities In Apparent DUI Crashes

Early Sunday morning, two construction workers were hit and killed by drunk drivers on the northbound 405 Freeway in Torrance.   According to KTLA news, citing official sources, the two cars entered a closed portion of the 405 freeway and collided with each other.  The vehicles then spun into the construction zone and struck the two construction workers, killing the two innocent victims.  The two workers, Ramon Lopez, 56, of Chino Hills, and Ricardo Zamora, 58, of Winchester, had been retained for the job through CalTrans.  

See the KTLA news story and video HERE.

Also on Sunday, a 42-year-old was reportedly killed by a DUI driver while pushing his bicycle in Lytle Creek.  The victim, Dondi Allen Quimby, was walking with a woman shortly before 1 a.m.  The alleged DUI driver,  twenty-year-old Matthew Harry Eldridge of Rancho Cucamonga, was arrested at 2:05 a.m. and booked for investigation of felony drunken driving and vehicular manslaughter.  According to the Press Enterprise, citing a CHP source, the area of Lytle Creek Road has a narrow shoulder and is very dark.

See the Press Enterprise story HERE.

In the first accident, it is almost incomprehensible that two drunk drivers would manage to crash into one another and then cause a multi-fatality accident involving two pedestrians.  If that were not enough, a third driver, also reportedly intoxicated, struck a pedestrian pushing a bicycle and killed him.  All three of these drivers will likely be facing wrongful death lawsuits by the families of Lopez, Zamora and Quimby.  Under California law, the surviving family members have the right to be compensated for the loss of the society, care, comfort, love, affection and support of their deceased relatives, if the deaths occurred because of negligence or during the commission of an unlawful act.  Assuming that Gomez, Casenta and/or Eldridge are convicted of felonies in relation to the happening of these collisions, any suit for wrongful death would necessarily receive priority trial setting preference by the court.  

Compensation for the victims of fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians.  When an intoxicated driver causes a tragic accident like the ones above, the responsible parties should be held accountable.  An Orange County wrongful death lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving DUI drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a family member because of an intoxicated driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Fatal Big Rig Crash In Sylmar

Early this morning one person was killed in a fiery crash on the 210 Freeway in Sylmar.  According to KTLA news, the accident involved a big rig and a driver traveling the wrong direction on the freeway.   The crash reportedly happened at about 2:15 a.m. on the westbound 210 at Roxford Street.  A UPS truck hauling two trailers was heading westbound when it encountered a compact sedan traveling the wrong way. The truck driver's evasive action was unfortunately unsuccessful, and the two vehicles collided.  Both drivers had to be extricated from their vehicles by emergency personnel, but the sedan driver was pronounced dead at the scene.  The truck driver was said to be OK.

See the KTLA story and photographs HERE.

This tragic accident is difficult to understand at this point.  There does not appear to be a logical explanation for the "wrong way" driver's actions.  When auto accidents occur because of a driver crossing into oncoming traffic or driving intentionally into opposing traffic, one of the first things that comes to mind is whether the driver was intoxicated.  From the news story above, we don't have any information a to what the driver was doing before apparently entering the freeway traveling the wrong direction.  This could have been an accident caused by something as simple as a momentary lapse of judgment.  However, collisions such as the one above are more frequently the result of intoxicated driving or attempted suicide.  It is now up to the CHP to do a complete accident investigation that will almost certainly include a medical/emotional profile on the sedan driver.

Compensation for the victims of serious or fatal traffic freeway accidents should be an important concern for all Californians.   When a driver negligently or intentionally causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.   An Orange County attorney with experience at handling auto accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling freeway and other traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a negligent or reckless driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Good News - Fatal Automobile Accidents Are Declining

Finally there is good news about the accidents on California and Orange County roadways.  The number of fatal automobile collisions is actually declining.  According to statistics just released, fewer people died from traffic crashes statewide and in Orange County in 2010 when compared to the year before.  The Orange County Register has reported the statistics from the National Highway Traffic Safety Administration which shows that California had a total of 2,715 traffic accident fatalities in 2010, a drop of 375 from 2009.  In Orange County, 105 traffic deaths were reported in 2010, a fall of 49 when compared to the year before.  

See the Orange County Register article HERE.  

Beyond the drop in traffic fatalities in 2010, the statistics being compiled by NHTSA show a decline in the numbers for the first nine months of 2011.   The number of traffic accident deaths in California has actually been steadily dropping since 2005.  This is also true for Orange County.  While the numbers are clear, the reasons behind them are at least a little murky.  Some ascribe the drop in traffic deaths to the slow economy and less driving.  However, the death rate per million vehicle miles of travel has also dropped steadily for the last six years.  Another factor which may be at work is that the vehicles on the road now are on average newer and safer than they were years ago.  Beyond that, according to the Orange County Register, the California Highway Patrol has indicated more enforcement is also a reason for the drop as all 103 CHP field offices are staffed around the clock.  Of course, the potential for civil and criminal accountability may both play some role in prompting greater care behind the wheel.  Whatever the reason or combination of reasons, the good news remains...fewer lives are being lost because of traffic accidents.

Compensation for the victims of fatal traffic accidents should be an important concern for all Californians.  When a driver operates their vehicle in a negligent or reckless manner causing a serious or fatal accident, they should be held accountable for all of the injuries and damages they cause.  An attorney with experience at handling wrongful death and auto accident cases can make a fair assessment of these claims.    Mr. Ralph has more than 20 years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one because of a fatal traffic collision?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Orange County Teen Killed In Apparent Street Race

A tragic automobile accident in Orange County yesterday afternoon has taken the life of a teenage girl and left two others badly injured.  According to police in Westminster where the accident occurred, it appears this horrific crash was the result of street racing.  The 18-year-old, female victim, Jessica Dayoan, was a passenger in a red convertible believed to be racing at the time of the collision.  The driver of that convertible has been identified as her brother, Jorel Dayoan, 19-years-old.  So far as police can say to this point, it appears Jorel Dayoan was racing another vehicle, perhaps a grey Dodge pickup, on Hoover Street when he lost control and crossed into the path of a silver minivan, resulting in a devastating impact.  Jessica Dayoan was pronounced dead at the scene, and the innocent driver of the minivan remains hospitalized in serious condition.  Jorel Dayoan was reportedly admitted to the hospital overnight and released this morning.

See the KTLA news story, photographs and video HERE.

The tragic loss to the Dayoan family from this accident cannot be measured, and the same is obviously true for the innocent minivan driver and his family.  This is one of those accidents that is both a tragedy and an outrage.  Street racing at the speeds it would take to cause this horrific collision is just inexcusably careless, and perhaps even criminal.  It has been reported that the driver of the other vehicle racing (the grey truck) may face felony hit-and-run, manslaughter or even murder charges if he or she was directly involved in the fatal collision.  The fact that the driver fled the scene may be some indication of fault as it shows consciousness of guilt.  While it is unlikely any of the victims of this crash or their families will be adequately compensated, the law in California does provide civil remedies for the personal injuries and wrongful death sustained.  Aside from the Dayoan family and their insurance, the driver of the other vehicle racing and his insurer may be liable.  The issue there will likely be one of causation and whether the other racer's actions were a "substantial factor" in causing the collision.  

Compensation for the victims of street racing accidents should be an important concern for all Californians.   When a driver races their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by street racing?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Disneyland Security Pepper Sprays Guest

Over the weekend, Disneyland's California Adventure theme park was the site of a violent incident involving an apparently intoxicated patron and a member of Disney security.  The incident, captured on tape and available on You Tube, shows an apparently intoxicated guest (identified by KTLA news as 53-year-old Glenn Horlacher) swinging at a Disney security host and then refusing commands to get on the ground.  After being wrestled to the ground and pepper sprayed a number of times, Horlacher still refuses to comply and is eventually taken to the ground by security and other patrons at the park.  According to the news report, at least one Disney employee was transported to the hospital and treated for minor injuries.  Horlacher was reportedly cited and released.


See the KTLA news story and photograph HERE. 


The videotape on You Tube shows only part of the incident, but there is no doubt Horlacher should have been arrested for assault and battery when he took his first swing at the Disney security host.  After charging the Disney employee a second time and then swinging wildly while on the ground, additional crimes of assault and battery were committed.  All of this misconduct justified an arrest that should have been effectuated by Disney security.  What is perhaps more shocking than Horlacher's actions is the miserable job Disney security did handling the situation.  While some might argue the security staff was patient and did not overreact, their inaction and failure to effectively control Horlacher prolonged the incident, heightened the risk of injury to guests and park employees and ultimately led to the negative attention now being paid to the incident.  The security staff at Disney should have immediately arrested Horlacher for assault and battery and placed him in handcuffs, before quickly removing him from the public's view.  It was nothing short of negligent to handle the situation in the manner shown in the video, and fortuitous that other patrons were not injured.  At one point in the video, near the end, Horlacher is on the ground being restrained by patrons at the park and not one Disney employee.  In this context, with security and other employees already on the scene, that should never have happened.


Compensation for the victims of security misconduct should be an important concern for all Californians.  When security employees are negligent or commit intentional acts of misconduct, their employer should be held accountable and compensation paid to the victim.  An Orange County security misconduct attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you been a victim of  negligent or intentional misconduct by private security?


Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.  

Orange County Automobile Accidents Take Heavy Toll

A mother and her two young children were leaving Beechwood Elementary School in Fullerton when they were struck and seriously injured by a vehicle being driven by a 90-year-old driver.  According to a story in the Orange County Register, all three pedestrians, the mother and two children ages 6 and 9, were in a crosswalk when the Ford Focus ran them over at about 3:30 p.m. today.  The driver reportedly kept driving for several hundred feet before crashing her car into a tree.  Witnesses at the scene reportedly described the elderly woman as appearing groggy after the accident, and she was taken to a hospital in critical condition.  The mother and three children were also transported to a local hospital with serious injuries.  Fortunately, all are expected to survive.  

See the Orange County Register article and photographs HERE.

It is unknown whether any medical condition caused or contributed to the happening of this very tragic accident.  The witness descriptions of the elderly driver would seem to be consistent with some sort of medical problem that may have preceded the accident.  However, it is also possible the driver's groggy condition was caused by the accident itself and only a detailed investigation, that would include a driver profile, will reveal the precise cause of the accident.

If this tragedy were not enough for one day another Orange County accident took the lives of three marines early this morning in Dana Point.  That single vehicle accident, as reported by KTLA news, happened at about 2:00 a.m. when the driver lost control at the intersection of Golden Lantern and Terra Vista and slammed into a tree.  Tow of the Marines in the vehicle died at the scene and a third succumbed to his injuries while at Mission Hospital.  While a final determination has not been made, preliminary reports suggest the accident was caused by a combination of high speed and a wet roadway.

Compensation for the victims of automobile accidents caused by a negligent or reckless driver should be an important concern for all Californians. When a victim of bad driving is injured or killed, the at-fault driver should be held accountable for all of  the injuries and damages they cause. An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling traffic accident cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured or killed in an automobile accident caused by a negligent or reckless driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Two Automobile Accidents In Orange County Cause Serious Injuries

A traffic collision this morning on the westbound 91 freeway overturned a Hyundai Sonata and injured a female passenger in the car.  According to a story in the Orange County Register, the accident was reported at 7:40 a.m., just west of North State College Boulevard.  Citing official sources, the Register story indicated that witnesses said a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped the Sonata, causing it to overturn and come to rest near the retaining wall.  The other three vehicles damaged at about the same were possibly involved in a chain-reaction collision arising from the rollover.  


See the Orange County Register story and photographs HERE.


Last night, at about 7:30 p.m., a female pedestrian was critically injured when she was struck during a hit-and-run accident in Orange County.  According to the KTLA news story, the incident occurred on Bolsa Avenue, just west of Beach Boulevard, in the City of Westminster.  Police are still looking for two men who fled the scene after crashing the stolen SUV, a white Lexis.  The woman was struck on the sidewalk near a bus stop, and apparently the men in the Lexis fled on foot. The paramedics rushed the woman to UC Irvine Medical Center where she was listed in critical but stable condition.
See the KTLA story and photos HERE.


Automobile accidents like the ones above are unfortunately all too common.  Aside from issues of fault and recovery from the injuries sustained, nearly all cases of this type are impacted dramatically by the insurance policies, or lack thereof, of the parties involved.  For example, when the owner of a vehicle is injured in an accident, but he or she had no insurance on their car at the time, they are not entitled under California law to recover compensation for their pain and suffering.  Generally, the only valid claim they possess against the at-fault party is one for the economic losses sustained, medical expenses and lost wages.  Another scenario that is often present when an automobile accident occurs is a case in which the only applicable policy limits are inadequate to fully compensate the injured party for all of the injuries and damages sustained.  For example, in a recent accident in Orange County, a young driver turned left into the path of an oncoming vehicle occupied by three women, one of whom was very badly injured.  The worst injured passenger sustained an open (compound) fracture of the right arm for which surgery had to be performed.  The medical expenses related to the surgery totaled more than $60,000.00, but the young driver's policy had a $25,000.00 limit.  In the absence of other applicable insurance or the young driver having substantial personal assets (which was not the case), the badly injured passenger will unfortunately go without full compensation.


Compensation for the victims of automobile accidents caused by a careless or reckless driver should be an important concern for all Californians. When a party without fault is badly injured, the at-fault driver should each be held accountable for the injuries and damages they cause. An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling automobile accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been seriously injured in an automobile accident caused by a negligent or reckless driver?


Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.